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The Long-Arm Jurisdiction In The U.S. Conflict Law

Posted on:2022-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2506306533474164Subject:legal
Abstract/Summary:PDF Full Text Request
This article uses multiple research methods to study the concept and specific application of long-arm jurisdiction in the conflict of laws in the United States.It was formed in the settlement of interstate civil and commercial jurisdiction disputes in the United States.Its specific meaning refers to: when the defendant’s residence is not in the court in the case of a state,as long as there is a certain minimum connection between the defendant and the state where the court is located,the court can use this connection to issue a subpoena to the defendant outside the state and exercise personal jurisdiction over the defendant.With the growing global economic ties and the increasing number of international disputes,the United States has determined the extraterritorial application of long-arm jurisdiction in a series of domestic laws including the Foreign Corrupt Practices Act,which expand the scope of court jurisdiction,enrich and develop the content of personal jurisdiction,adapt to the development of modern society to a certain extent,and effectively protect the interests of parties in their own state or country.However,in practice,the United States Abuse of long-arm jurisdiction is a manifestation of American hegemonism.It extends its arms to countries around the world,harming the interests of other countries’ enterprises,undermining the jurisdiction of other countries and even national sovereignty.The ZTE case and the Meng Wanzhou case are typical cases.Faced this circumstances,my country must: resist the abuse of long-arm jurisdiction by the United States;improve legislation to provide a clear legal basis for the extraterritorial application of Chinese law;and strengthen international judicial communication and exchanges.so that it can expand the scope of U.S.courts in international disputes.The scope of jurisdiction,so that the country can obtain greater interests in disputes.This move of the United States has enriched and developed the content of personal jurisdiction,adapted to the development of modern society to a certain extent,and effectively safeguarded the interests of its own parties.
Keywords/Search Tags:long-arm jurisdiction, test of minimum contacts, nationality jurisdiction
PDF Full Text Request
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